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ORISSA HIGH COURT
SANTOSH KUMAR NAIK – Appellant
Versus
STATE OF ODISHA – Respondent
| Table of Content |
|---|
| 1. background of the case regarding construction contract. (Para 1 , 2 , 3) |
| 2. defendants' contest to the plaintiff's claims. (Para 4 , 5) |
| 3. issues framed for determination in the case. (Para 6 , 7) |
| 4. trial court's findings and dismissal of the plaintiff's suit. (Para 8 , 9 , 10 , 11) |
| 5. substantial question of law regarding impossibility under contract act. (Para 13) |
| 6. legal principles encapsulating contract performance and frustration. (Para 15 , 16 , 17 , 18 , 19) |
| 7. court's rationale for upholding lower court's decisions. (Para 20 , 21) |
| 8. final order dismissing the appeal. (Para 22 , 23) |
JUDGMENT :
A.C. Behera, J.
This 2nd Appeal has been preferred against the confirming judgment.
2. The appellant in this 2nd appeal was the plaintiff before the learned trial court in the suit vide C.S. No.184 of 2013 and appellant before the learned 1st appellate court in the 1st appeal vide R.F.A. No.46/20 of 2018-21.
The respondents in this 2nd appeal were the defendants before the learned trial court in the suit vide C.S. No.184 of 2013 and the respondents before the learned 1st appellate court in the 1st appeal vide R.F.A. No.46/20 of 2018-21.
3. The suit of the plaintiff (appellant
The burden of proving impossibility under Section 56 of the Indian Contract Act lies with the party asserting it, and self-induced inability does not justify non-performance.
A contracting party must prove the impossibility of performance to invoke Section 56 of the Indian Contract Act, 1872; self-induced inability does not excuse breach.
The burden of proving impossibility under Section 56 of the Indian Contract Act rests on the asserting party; failure to provide such evidence results in dismissal of claims.
A party alleging impossibility under Section 56 of the Indian Contract Act must substantiate claims with evidence; self-induced circumstances do not qualify for relief.
Non-service of statutory notice under Section 80 of the C.P.C. is waivable if no objection is raised in the defendants' written statement, allowing the suit to be maintained.
A contract can be frustrated by an event that makes it impossible for the parties to perform their obligations under the contract.
The plaintiff must establish a prima facie case and show irreparable loss to obtain an injunction. The court will consider the balance of convenience and the nature of the suit in reaching its decisi....
The court reinforced that under the Arbitration and Conciliation Act, 1996, the scope for judicial interference with arbitral awards is limited, particularly regarding factual findings.
Breach of contract – Award of damages—Work schedule is required for progressive payment and target and it is sine qua non for execution of contracted work.
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